NEW CRIMINAL CODE

CLASSIFICATIONS

Indiana Inspector General & State Ethics Commission Kristi Shute, Staff Attorney

Criminal Code Evaluation Commission

Case study

Overview

Specific Offenses

Credit Classification Example

Case Study

Criminal Code Evaluation

Commission

State vs. Martin Walters

Accused of beating Robert Gillett to death during a burglary

Accepted a plea agreement

Sentenced 20 years for the burglary with 10 suspended

Sentenced 60 years for the murder with 12 suspended

To be served concurrently for a total of 48 years

State vs. Martin Walters

Received all his good time credit which cut his sentence to 24 years

Completed bachelor’s degree, associate’s degree, vocational training and substance abuse program which cut his sentence another 4 years

48 year sentence reduced to 20 years

Criminal Code Evaluation Commission

Established for the broad purpose of “evaluating the criminal laws of Indiana.”

Principles

Consistency

Proportionality of penalties

Like sentences for like crimes

Elimination of duplication

Increased certainty regarding the length of sentence to be served

Sentencing scheme designed to keep dangerous offenders in prison but avoid using scarce state prison space for nonviolent offenders

Criminal Code Evaluation Commission

General Changes

Changes to felony offenses only, except in

cases where a previous felony is now a

misdemeanor

Murder maintains its own category as

under the previous law

Fines remain the same ($10,000 for all

classes and levels)

Expands previous Class A-D to Levels 1-6

Criminal Code Evaluation Commission

General Changes

Previous Class A felony divided into Levels 1 and 2

Previous Class B felony divided into Levels 3 and 4

Previous Class C felony generally equivalent to Level 5

Previous Class D felony generally equivalent to Level 6

Previous Structure

Previous Structure (pre July 1, 2014)

Murder

Advisory: 55 years

Range: 45-65 years

A felony

Advisory: 30 years

Range: 20-50 years

B felony

Advisory: 10 years

Range: 6-20 years

C felony

Advisory: 4 years

Range: 2-8 years

D felony

Advisory: 1½ years

Range: ½-3 years

Current Structure (post July 1, 2014)

Level 1

Advisory: 30 years

Range: 20-40 years

Level 2

Advisory: 17½ years

Range: 10-30 years

Level 3

Advisory: 9 years

Range: 3-16 years

Level 4

Advisory: 6 years

Range: 2-12 years

Level 5

Advisory: 3 years

Range: 1-6 years

Level 6

Advisory: 1 year

Range: ½-2½ years

Credit Classifications

Class A=serve 1, earn 1

Offender serves 50% of their sentence

Misdemeanors and Level 6

Class B=serve 3, earn 1

Offender serves 75% of their sentence

Level 5 and above (not credit restricted)

Class C=serve 6, earn 1

Offender serves 85.7% of their sentence

Credit restricted felons

Class D=earn no credit time

Typical offenses your offices investigate

Criminal Code

Theft

Before: Class D felony

Became a Class C felony if the fair market value was

at least $100,000

Now: Class A misdemeanor

Becomes a Level 6 felony if the value of the property is

at least $750 and less than $50,000

Becomes a Level 5 felony if the value of the property is

at least $50,000

Forgery, Fraud and other Deceptions

Counterfeiting

Before: Class D felony

Now: Level 6 felony

Forgery

Before: Class C felony

Now: Level 6 felony

Driver’s license/State ID card application fraud

Before: Class D felony

Now: Level 6 felony

Forgery, Fraud and other Deceptions

Deception-providing false information to a governmental entity to obtain a contract from the governmental entity

New: Class A misdemeanor

Becomes a Level 6 felony if the false information results in financial loss to the governmental entity

Deception-false representation of an entity as a disadvantaged or women-owned business enterprise

New: Level 6 felony

Forgery, Fraud and other Deceptions

Identity Deception

Before: Class D felony

Fair market value of the fraud or harm caused is at least

$50,000-Class C felony

Now: Level 6 felony

Fair market value of the fraud or harm caused is at least

$50,000-Level 5 felony

Forgery, Fraud and other Deceptions

Fraud

Before: Class D felony

Now: Level 6 felony

Insurance Fraud

Before: Class D felony

With a prior unrelated insurance fraud conviction or value

of loss is at least $2,500-Class C felony

Now: Level 6 felony

With a prior unrelated insurance fraud conviction or value

of loss is at least $2,500-Level 5 felony

Forgery, Fraud and other Deceptions

Check Deception

Class A misdemeanor Level 6 if the amount of the check, draft or order is at least $750

and less than $50,000

Level 5 if the amount is at least $50,000

Welfare Fraud

Before: Class A misdemeanor Class D felony if the amount was more than $250 but less then

$2,500

Class C felony if the amount was more than $2,500

Now: Class A misdemeanor Level 6 if the amount is more than $750 but less than $50,000

Level 5 if the amount is more than $50,000

Forgery, Fraud and other Deceptions

Medicaid Fraud

Before: Class D felony

Class C felony if the fair market value was at least $100,000

Now: Class A misdemeanor

Level 6 if the fair market value is at least $750 and less than $50,000

Level 5 if the fair market value is at least $50,000

Children’s Health Insurance Fraud

Before: Class D felony

Class C felony if the fair market value was at least $100,000

Now: Class A misdemeanor

Level 6 if the fair market value is at least $750 but less than $50,000

Level 5 if the fair market value is at least $50,000

Forgery, Fraud and other Deceptions

Fraud on Financial Institutions

Before: Class C felony

Now: Level 5 felony

Check Fraud

Before: Class D felony

Class C felony with prior unrelated conviction or the aggregate amount is at least $25,000

Now: Class A misdemeanor

Level 6 if the aggregate amount is at least $750 and less than $50,000

Level 5 if the aggregate amount is at least $50,000

General Public Administration

Official Misconduct

Before: Class D felony

Now: Level 6 felony

Bribery

Before: Class C felony

Now: Level 5 felony

Ghost Employment

Before: Class D felony

Now: Level 6 felony

General Public Administration

Conflict of Interest

Before: Class D felony

Now: Level 6 felony

Profiteering from public service

Before: Class D felony

Now: Level 6 felony

Interference with General Government

Operations

Perjury

Before: Class D felony

Now: Level 6 felony

Obstruction of Justice

Before: Class D felony

Now: Level 6 felony

Purchasing Offenses

Depository Rule

Before: Class A misdemeanor

Class D felony if the amount was at least $750

Class C felony if the amount was at least $50,000

Now: Class A misdemeanor

Level 6 felony if the amount is at least $750

Level 5 felony if the amount is at least $50,000

Offenses Against Public Health, Order

and Decency

Racketeer Influenced and Corrupt Organizations

Underlying offenses include

Theft

Forgery

Fraud

Bribery

Official Misconduct

Conflict of Interest

Corrupt Business Influence

Before: Class C felony

Now: Level 5 felony

How much time will now be served

Credit Classification Example

Theft

Before: less than $100,000

Range for Class D felony: ½-1½ -3 years

Served: 3 months-9 months-1½ years

Now: less than $750

Range for Class A misdemeanor: up to a year

Serve: 6 months (serve one, earn one)

Now: between $750 and $50,000

Range for Level 6 felony: 6 months-1 year-2½ years

Serve: 3 months-6 months-15 months (serve one, earn one)

Theft

Before: more than $100,000

Range for Class C felony: 2-4-8 years

Served: 1 year-2 years-4 years

Now: over $50,000

Range for Level 5 felony: 1 year-3 years-6 years

Serve: 9 months-2¼ years-4½ years (serve three,

earn one)

www.in.gov/ig

Indiana Inspector General & State

Ethics Commission